Key Concepts in Succession Law Key Concepts in Succession Law Explore the fundamental concepts and principles of the Law of Successions. Click on any section below to learn more. 🏛️ General Considerations & Patrimony Definition of succession and the concept of patrimony. ⏳ Opening of Succession Time and place where succession begins. 💎 Inheritable Property Scope of the hereditary estate, including corporeal and incorporeal rights. 👤 Capacity to Inherit Who has the legal right to inherit. 🚫 Unworthiness to Succeed Grounds...
Section 2. Divorce by Petition
Article 81. –(1) Petition for Divorce.
1) A petition for
divorce may be made to the court either by the two spouses conjointly or by one
of them.
2) The spouses or one of them may state in the petition the reason for divorce.
Article 82. – (2) Power of the Court.
1) Where the
petition for divorce is made under the preceding Article, the court shall speak
to the spouses separately or jointly with a view of persuading them to renounce
the petition for divorce and solve their dispute amicably.
2) Where the
attempt made under Sub-Article (1) has failed is likely to fail, the court may
direct the spouses to settle their dispute through arbitrators of their own
choice.
3) Where the
spouses did not agree to settle their dispute through arbitration, the court
may dismiss the parties giving them a cooling period of up to three months.
4) Where all the
efforts made under the preceding provisions have failed, the court shall
pronounce divorce within one month from the receipt of the reports or
arbitrators, or the end of the cooling period, as the case may be.
5) From the time of
the petition for divorce is brought before it, the court shall forthwith give
appropriate order regarding the maintenance of the spouses, the custody and
maintenance of their children and the management of the property.
6) Where
circumstances absolutely require that one of the spouses leave their common
abode, the court shall, when giving an order under Sub-Article (5) of this
Article, take into consideration the interest of children and the condition of
the spouses who may be affected more by leaving their common abode.
Article 83. – Decision on Conditions of Divorce.
1) Where the
marriage is dissolved by divorce under this section, the court shall request
the spouses to agree on the conditions of divorce.
2) Where the
spouses are not willing to agree or have failed to agree in accordance with
Sub-Article (1) of this Article, the court shall, by itself, or through arbitrators,
or experts appointed by it, or by any other means it think appropriate, decide
on the conditions of divorce.
3) The conditions
of divorce agreed upon by the spouses or decided by arbitrators or experts
shall be submitted to the court for approval.
4) After deciding
the divorce, the court may postpone the judgment on conditions of the divorce for not more than
six months.
Article 84. – Indemnities.
Where the cause of the divorce is imputable to one of the
spouses and where justice so required, the court may order such spouses to make
good the damage sustained by the other spouse.
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